A court referee has rebuffed efforts by Coral Gables attorney Scot Strems to dissolve a suspension order alleging he engaged in a “vast campaign of unprofessional, unethical and fraudulent conduct.”
The referee, 11th Circuit Judge Dawn Denaro, affirmed in a July 15 report that the emergency suspension order filed by the Florida Bar should remain in force. Strems, the owner of the Strems Law Firm, and witnesses testifying on his behalf during a three-day remote hearing this month said those working for the firm had not engaged in conduct that obstructed the administration of justice.
A former supervisor for the firm, Jonathan Drake, testified that corrective actions were taken by the law firm whenever judges admonished Strems’ attorneys in cases involving property insurance claims.
But Denaro said the testimony of two 13th Judicial Circuit judges, Rex Martin Barbas and Gregory Holder, established the likelihood that the Florida Bar would prevail in its complaint, which is now before the Florida Supreme Court.
“Having reviewed the Florida Bar’s petition, all of the evidence, memoranda, exhibits, documents presented in this case, other materials and exhibits filed, and having heard the testimony of witnesses as well as the argument of counsel, the undersigned finds that the Florida Bar has met its burden and has satisfied the burden of establishing a likelihood of prevailing on any element of the underlying rule violations,” Denaro said in the report.
In a previous order this month, the referee did grant Strems’ motion to obtain access to some of his personal and law firm bank accounts to pay employees and other financial obligations. The court had frozen those accounts.
In response to a query, bar attorney John Womack told the Florida Record that the bar has a policy of not commenting on pending cases. Attorneys representing Strems did not immediately respond to requests for comment.
Judge Barbas has testified that the Strems Law Firm consistently violated court orders, wasted court time and resources, and engaged in repeated instances of unprofessional conduct.
And Judge Holder testified that law firm employee Drake privately told him that Strems directed Drake to break bar rules.
“Specifically, Mr. Drake stated that Mr. Strems told him to file and prosecute cases without proper supporting evidence, to initiate cases not supported by proper contracts of insurance, to refuse their clients participation in (examinations under oath) … and to allege and seek unsupported damages,” the referee’s report said.
Drake denied the conversation happened during his testimony at the hearing on dissolving the order of suspension.